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08-10-2021Niagara falls COUNCIL PRESENT: MINUTES City Council Meeting Tuesday, August 10, 2021 Council Chambers/Zoom app 1:00 PM Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, and Councillor Chris Dabrowski COUNCIL ABSENT: COUNCIL LATE: 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In -Camera ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council enter into an In -Camera session. Carried Unanimously (Councillor Lococo was absent from the vote). 2. CALL TO ORDER 0 Canada: Performed by 7 local musical talents (recorded version) a) Request to add an In -Camera item to the Council agenda. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council make a request to add an In - Camera item to the Council agenda. Carried Unanimously ORDERED on the motion of Mayor Jim Diodati, Seconded by Councillor Chris Dabrowski that the In -Camera documents that Councillor Carolynn loannoni removed from the meeting room at the In -Camera meeting on August 10, 2021, namely those being a copy of staff report MW -2021-50 14500 Park Street Affordable Housing Contribution Options and subsequent attachments, be returned to City Hall on August 10th, 2021 and to offer an apology to prevent the matter being brought before the Page 1 of 25 City Council August 10, 2021 Integrity Commissioner. Failing the return of the documents, that City Council file a Code of Conduct Complaint with the Integrity Commissioner. Carried (A recorded vote was requested). Councillors Lococo and loannoni abstained from the vote. 3. ADOPTION OF MINUTES 3.1. Council Minutes of July 13, 2021 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the minutes of July 13, 2021 be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote). 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Mayor Diodati indicated a pecuniary interest to cheque #446027, payable to himself. b) Councillor Victor Pietrangelo indicated a pecuniary interest to cheque #00355-0003, payable to DSBN (Spouse's employer) and to cheque #00355-0004, payable to NCDSB (Employer). c) Councillor Vince Kerrio declared a conflict of interest to Report L-2021- 15 - Encroachment Agreement with the City (6671 Fallsview Boulevard) as he owns property across the street. d) Councillor Lori Lococo indicated a pecuniary interest to the following cheques: • Cheque #00354-0024, dated June 21, 2021 in the amount of $97,562.00. • Cheque #00358-0022, dated July 12, 2021 in the amount of $97,562.00. • Cheque #445917, dated June 16, 2021 in the amount of $452.00 (payable to herself, reimbursement of expenses). Page 2 of 25 City Council August 10, 2021 • Cheque #446305, dated July 7, 2021, in the amount of $122.12 (payable to herself, reimbursement of expenses). • Cheque #00356-0055, dated June 28, 2021, in the amount of $2,333.33 (payable to the Niagara Falls Art Gallery, as she sits on the board as a resident). Councillor Lococo declared a conflict of interest to Item #7.4 - F-2021-46 - Tax Supported Operating Funds. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Melissa Drolet, daughter of Marc Drolet of our Municipal Works Department. b) Mayor Diodati recognized Councillor Mike Strange for attending the Flag Raising for the Olympic Flag for Tokyo 2020. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that a letter of congratulations be sent to the 2 Niagara Olympians whom won medals at the 2020 Tokyo Olympics, Kristen Kit - Gold, Rowing eight - coxwain and Mohammed Ahmed - Silver, Men's 5000 metres and to Maude Charron from Quebec, Gold Medalist. Carried Unanimously c) Mayor Diodati recognized Councillor Victor Pietrangelo for attending the Opening Day Ceremonies for the Ontario Player Development Soccer League in Niagara Falls. d) Mayor Diodati discussed a new addition to City Hall - Nic Wallenda Painting Acquisition • Donated by Toronto artist John Whyte. • Originally housed at the King Street Gallery in Niagara On The Lake. • Acquired by our Niagara Falls History Museum as a part of their public art collection. • A big thank you to John Whyte and also Gina Edward from the King Street Gallery for making this happen. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that an invitation be sent to Nik Wallenda to come to City Hall to sign the bottom of the painting the next time he is in our area. Page 3 of 25 City Council August 10, 2021 Carried Unanimously e) Mayor Diodati welcomed the City's new CAO - JASON BURGESS • Officially welcomed our new CAO, Jason Burgess • Competitive recruitment process • Experienced o Norfolk o Region—Commissioner of Corporate Services o Partner at MNP, large national consulting firm o Vice President at Deloitte & member of their National Tourism Hospitality and Leisure Team • Chartered Professional Accountant (CPA) • Past recipient of the Queen's Jubilee medal for community involvement • Officially Started July 26th • Happy/ grateful to work with him • Lead post -pandemic f) The next Council meeting is scheduled for Tuesday, September 14, 2021. 6. PLANNING MATTERS 6.1. PBD -2021-41 (Comments from residents and presentation added) 26T-11-2021-001 and AM -2021-001 Garner Road Draft Plan of Subdivision and Zoning By-law Amendment Application East side of Garner Road, South of Lundy's Lane Applicant: 1198815 Ontario Limited Agent: Bousfields Inc. (David Falletta) The report recommends the following: 1. That the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report; 2. That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; Page 4 of 25 City Council August 10, 2021 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfaction of the City Solicitor. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD -2021-41. David Falletta, from Bousfields Inc., acting as the agent, made a presentation to Council supporting the application. Evan Sugden, Senior Planner, Bousfields Inc., was also in attendance to answer questions of Council. Terrance Murray, of 6304 Shapton Crescent, addressed Council citing flooding issues and suggested a maintenance schedule to take care of the concerns (cutting back bush, fenceline, water drainage to avoid flooding issues in the future). The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 6.2. PBD -2021-42 (Comments from Residents added; Agent's presentation added) AM -2021-011, Zoning By-law Amendment Application 5563 Slater Avenue Applicant: Barrington Timoll and Heather Cox Agent: NPG Planning Solutions Inc. (Cory Armfelt) Conversion of Existing Detached Dwelling to Triplex The report recommends the following: 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Mixed (R3) zone to permit the conversion of the existing detached dwelling to a triplex, subject to the regulations outlined in this report. Page 5 of 25 City Council August 10, 2021 2. Prior to passage of the amending by-law, the owner and City enter into a development agreement to secure clauses on title warning of the adjacent industries operations and window construction as recommended in the Noise Study submitted by the applicant. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD -2021-42. Cory Armfelt, from NPG Solutions, Agent for application, provided Council with a brief presentation supporting the application. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously (Councillor Wayne Campbell was absent from the vote). 7. REPORTS 7.1. F-2021-43 2021 Property tax penalty and interest rate The report recommends: That Council approve the return of the property tax penalty and interest rate from 0.5% to 1.25% per month, effective October 1, 2021. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council approve the return of the property tax penalty and interest rate from 0.5% to 1.25% per month, effective January 1, 2022 and have staff report back to Council in October of 2021. Carried Unanimously 7.2. F-2021-44 Debt Funding of Capital Projects Page 6 of 25 City Council August 10, 2021 The report recommends the following: 1. That Council authorize debt financing of $8,570,365 for Fire Station 7, with the annual debt payments funded by the Fire Services Development Charges Reserve. 2. That Council authorize debt financing as the source of funding for the 2022 capital budget pre -approval of $576,395., relating to the Municipal Works Service Centre Renovations. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.3. F-2021-45 Capital Project Closing Report as at June 30, 2021 The report recommends the following: 1. That Council receive the report for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1 2. That Attachment 2, which outlines projects that do not require transfers to/from reserves/reserve funds, be received for the information of Council. 3. That Council approve the closure of the projects listed in Attachment 1 and Attachment 2 and release any associated funding commitments. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 7.4. F-2021-46 Tax Supported Operating Fund 2019 Budget to Actual (unaudited) Comparison The report recommends the following: Page 7 of 25 City Council August 10, 2021 1. That Council approve a transfer of $22,000,000 resulting from redemption of a 20 year loan from Niagara Peninsula Energy Inc. to the Hospital Reserve Fund. 2. For the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Lori Lococo declared a conflict). 7.5. MW -2021-44 Millennium Recreation Trail Section 2 Update and Development The report recommends the following: 1. That City Council receive for information Report MW -2021-44 regarding an update of the Millennium Recreation Trail Section 2 Project; and further, 2. That the Mayor and City Clerk be authorized to execute the necessary agreements with Ontario Power Generation (OPG) for trail Section 2 and the Whirlpool Road Pedestrian Bridge and Trail Extension; and further, 3. That the Mayor and City Clerk be authorized to execute a Transfer Payment Agreement with the Government of Canada and/or Province of Ontario in order to authorize the development of the Millennium Trail Section 2 with funding received from Federal, Provincial, and Municipal sources as outlined in this Report; and further, 4. That City Council authorize staff to proceed with construction and award the contract for Phase 1 only to the lowest tender bidder, GMR Landscaping Inc. of Toronto, for the amount of $1,723,596.62 plus applicable taxes; and further, 5. That City Council authorize the City portion of this project, amounting to $526,522.00, to be funded through pre -approval of a portion of the 2022 Capital budget. Page 8 of 25 City Council August 10, 2021 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously 7.6. MW -2021-46 Lundy's Lane Cemetery Operations Building Replacement The report recommends the following: 1. That Council receive this report for information regarding the current condition of the Lundy's Lane Cemetery Operations Building and required renovation and/or replacement; and further, 2. That Council direct staff to engage an architect to identify and assist in the detailed design of a building replacement alternative with best overall life -cycle value; 3. That upon completion of the detailed design, and where the architect's construction estimates does not exceed an upset limit of $500,000, Council authorize staff to proceed with the building replacement procurement process as quickly as possible, and to return to Council with the results of this procurement; and further, 4. That the building replacement project costs including the installation of a privacy/security fence to enclose the 'work space', soil storage compound, fueling area, and related administrative expenses be included as part of the 2022 Capital Budget. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.7. MW -2021-48 Recommended Parking Fine Increase, Effective January 1, 2022 The report recommends the following: Page 9 of 25 City Council August 10, 2021 1. That Council support the recommended parking fine increases noted in this report, effective January 1, 2022; and further, 2. That Council direct staff to include these recommended parking fine increases in the Schedule of Fees for 2022, which will be presented to Council at an upcoming meeting for formal approval. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 7.8. MW -2021-49 4500 Park Street Building Decommissioning & Soil Remediation — Construction Update The report recommends the following: 1. That Council receive Report MW -2021-49 regarding a Construction Update for 4500 Park Street Building Decommissioning & Soil Remediation; and further, 2. That Council authorize the additional contractual expenditures and change orders totalling approximately $938,125.47 including the City's share of applicable HST as a result of unexpected additional subsurface remediation necessary in order to accomplish full site remediation to a residential standard; and further, 3. That Council pre -approve a capital expenditure in the amount of $636,135.40 to be included in the 2022 capital budget for the purposes of completing this project. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried (Councillor Lococo and Councillor loannoni were opposed to the vote). 7.9. PBD -2021-40 26T-11-2019-003, Draft Plan of Subdivision Modification to Draft Plan Approval Page 10 of 25 City Council August 10, 2021 6642 St. Thomas More Drive Part of Lot 158, Township of Stamford Applicant: 1956662 Ontario Inc. Agent: Corbett Land Strategies Inc. (Candice Hood, John Corbett) The report recommends the following: 1. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on this afternoon's agenda to deem the changes requested by 1956662 Ontario Inc. to the Draft Plan of Subdivision and draft plan conditions for Part of Lot 158 to be minor; and determine that no further notice is required; 2. That the modified Plan of Subdivision be draft approved subject to the modified conditions in Appendix A; and, 3. That the Mayor or designate be authorized to sign the modified draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 7.10. PBD -2021-43 (Comments from residents added) AM -2019-022, Official Plan and Zoning By-law Amendment Application 5359 River Road and 4465 Eastwood Crescent (Grandview Inn and Proposed Satellite Accommodation) 5411 River Road (Proposed Vacation Rental Unit) Proposal: Proposed Hybrid Inn providing Satellite Accommodation in Conjunction with the Inn and a Vacation Rental Unit Owners: 5399 River Road: 11409433 Canada Inc. (Richard Xue) 4465 Eastwood Crescent: 1907782 Ontario Inc. (John Pinter) 5411 River Road: Alfred and Collette D'Souza Agent: Rocky Vacca, Sullivan Mahoney Page 11 of 25 City Council August 10, 2021 The report recommends the following: 1. That Council not approve the Requested Official Plan and Zoning By-law amendment application, in part, to permit 4465 Eastwood Crescent as satellite tourist accommodation associated with the existing Grandview Inn at 5359 River Road; 2. That Council approve Official Plan and Zoning By-law amendment changes to the existing Special Policy Area designation and current zoning of the Grandview Inn to recognize the use of the property as an Inn with 8 individual bedrooms and 4 suites having 2 bedrooms each, together with 2 meeting rooms and a breakfast room to exclusively serve guests of the Inn, as outlined in the attached Staff Report PBD -2021-21; and 3. That Council approve the Requested Official Plan and Zoning By- law amendment application, in part, to permit the use of 5411 River Road as a Vacation Rental Unit with no more than 3 bedrooms, subject to the zoning by-law regulations outlined in Staff Report PBD -2021-21. ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Campbell that Report PBD -2021-43 be deferred until such time as the LPAT decision on vacation rentals be given. Motion Defeated (Councillors Dabrowski, Kerrio, Pietrangelo, Strange, Thomson and Mayor Diodati all opposed the vote). ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that Council approve the Requested Official Plan and Zoning By-law amendment application, in part, to permit the use of 5411 River Road as a Vacation Rental Unit with no more than 3 bedrooms, subject to the zoning by-law regulations outlined in Staff Report PBD -2021-21. Carried (Councillors Campbell, loannoni, Lococo and Thomson were opposed to the vote). ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council receive and accept the remainder of Report PBD -2021-43 for information only and took no further action on staff recommendations 1 and 2. Page 12 of 25 City Council August 10, 2021 Carried Unanimously 8. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2021-41 Municipal Accounts The report recommends: That Council approve the municipal accounts totaling $29,323,916.34 for the period June 3, 2021 to July 13, 2021. F-2021-42 Monthly Tax Receivables Report — June The report recommends: That Council receive the Monthly Tax Receivables report for information purposes. L-2021-15 Encroachment Agreement with the City 6671 Fallsview Boulevard and encroachments into the Fallsview Boulevard road allowance (Owners: Brian Desmond Fitzgerald, Cynthia Cecelia Fitzgerald and Elizabth Anne Solari; Tenant: Copacabana Brazilian Steakhouse) Our File No. 2020-141 The report recommends the following: 1. In the event that Council determines it is in the best interest to do so, that Brian Desmond Fitzgerald, Cynthia Cecelia Fitzgerald and Elizabeth Anne Solari (the "Owners") be permitted the continued use and maintenance of the existing partial encroachments onto the City's road allowance, being a portion of Fallsview Boulevard road allowance and appurtenant to the building located at 6671 Fallsview Boulevard, as Page 13 of 25 City Council August 10, 2021 shown in Schedules "A" (Part 2) and "B" and to enter into an Encroachment Agreement with the City, in a form satisfactory to the City Solicitor. 2. That the Mayor and Clerk be authorized to execute the required Encroachment Agreement. 3. That the City Solicitor is authorized to register the Encroachment Agreement on title to 6671 Fallsview Boulevard and the applicable parcel for the affected portion of Fallsview Bouleard in the Land Registry Office. MW -2021-45 Drummond Road Phase 1 Project Update The report recommends the following: 1. That Council grant Alfidome Construction Niagara's request to delay the issuance of the notice to commence construction until February 7th, 2022, resulting in a substantial completion date of no later than June 30th, 2022; and further, 2. That City Council authorize staff to work with Alfidome Construction Niagara to start construction before the proposed February 7th, 2022 date, if an earlier construction date is seen as beneficial to the City. This would include negotiating winter maintenance costs for work prior to February 7th, 2022; and further, 3. That due to unforeseen COVID-19 supply chain challenges, Council grant Alfidome Construction Niagara's request that the City cover any increases to actual material costs from when their initial bid was submitted to the actual material purchase date, subject to the terms, conditions, and specifications for such matters as found in the Contract. MW -2021-47 Canada Community Revitalization Fund Tennis and Basketball Courts Improvements Project The report recommends the following: 1. That Council receive for information Report MW -2021-47 regarding the Tennis and Basketball Court Improvement grant submission; and further, Page 14 of 25 City Council August 10, 2021 2. That subject to successful grant approval, City Council preapprove the allocation of 2022 capital funding in the amount of $267,500 to support the City of Niagara Falls portion of the Canada Community Revitalization Fund (CCRF) grant application. MW -2021-51 Update to Definition of "Holiday" in Parking and Traffic By-laws The report recommends: That the definition of "holiday" in both Parking and Traffic By-law 89-2000 and Parking Lot By-law 96-50 be amended to include Family Day and National Day of Truth and Recognition, and omit Remembrance Day. PBD -2021-35 PLC -2021-002, Request for Removal of Part Lot Control Lot 22 Plan 239 2757-2761 Wedgewood Crescent Applicant: Bruno Alfano The report recommends: That Council approve the request and pass the by-law included in today's agenda to exempt Lot 22 Plan 239 from Part Lot Control for a period of two years. PBD -2021-44 DOW -2017-005, Request for Extension of Commercial Building and Facade Grant Approval for 4463 Queen Street Applicant: Intellectual Inventive Inc. The report recommends: That Council approve an extension of one year for the Commercial Building and Facade Improvement Grant Agreement for Application DOW -2017-005, 4463 Queen Street to August 1, 2022. TS -2021-05 WEGO Visitor Transportation Services — Extension Agreement The report recommends: Page 15 of 25 City Council August 10, 2021 That Council approve a two year extension of the existing 10 -year agreement(s) with the Niagara Parks Commission to provide WEGO service within the City of Niagara Falls. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the reports be approved as recommended. Carried Unanimously (Councillor Vince Kerrio declared a conflict to L-2021-15) 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Niagara Peninsula Conservation Authority (NPCA) - Distribution of the NPCA Water Quality Summary Report NPCA passed a resolution at their June 18, 2021 meeting regarding the Water Quality Summary Report for the year 2020. RECOMMENDATION: For the Information of Council. Councillor Lori Lococo discussed the water quality fact sheet. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 9.2. Additional correspondence from Niagara Peninsula Conservation Authority (NPCA) - Compliance and Enforcement Q2 Statistics - 2021 As part of NPCA's commitment to improving communication to municipal partners, the attached report is for Council's information. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 9.3. Resolution - NPCA - Pollinator Series Attached is a document with a resolution from the NPCA Full Authority Board of Directors meeting on July 16, 2021. Page 16 of 25 City Council August 10, 2021 RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 9.4. Fallsview BIA - Thank you letter - Extending patios - Fallsview Boulevard Attached, is a thank you letter from Fallsview BIA for Council extending patio season on Fallsview Boulevard. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously 9.5. Public Notice - Millennium Trail Closure Attached is a Public Notice from the Niagara Region regarding the closure of the Millennium Trail in Niagara Falls. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously 9.6. Resolution - Town of Pelham - Motion to Rescind Previous Decision re: Governance of Niagara Central Dorothy Rungeling Airport (NCDRA) and Niagara District Airport (NDA) Attached, please find the motion endorsed by the Council of the Town of Pelham at their July 26th, 2021 meeting regarding the governance of the Niagara Central Dorothy Rungeling Airport and Niagara District Airport. Page 17 of 25 City Council August 10, 2021 RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 9.7. Special Occasion Permit Request - Chippawa Volunteer Firefighers Association (CVFA) - SPN Slo Pitch Tournament Brian Winrow, from the Chippawa Volunteer Firefighters Association is requesting that the City of Niagara Falls declare the SPN Slo Pitch Tournament on August 27-29, September 10-12 and September 17-19, 2021, at 3862 Weinbrenner Road, Chippawa Patrick Cummings Memorial Park as "municipally significant" in order to assist with obtaining a Special Occasion Permit from AGCO. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that the City of Niagara Falls declare the SPN Slo Pitch Tournament on August 27-29, September 10-12 and September 17-19, 2021 at 3862 Weinbrenner Road, Chippawa Patrick Cummings Memorial Park as "municipally significant" in order to assist with obtaining a Special Occasion Permit from AGCO. Carried Unanimously 9.8. Proclamation - Waste Reduction Week Held annually during the third week of October since 2001, Waste Reduction Week in Canada, through a coalition of environmental non- profit and government organizations from across the country, shines the spotlight on responsible production and conscious consumption. There is a request to ask municipalities across Canada to renew their commitment and celebrate sustainability by proclaiming October 18 - 24, 2021 as "Waste Reduction Week in Canada." RECOMMENDATION: That the City of Niagara Falls renew their commitment and celebrate sustainability by proclaiming October 18 - 24, 2021 as "Waste Reduction Week in Canada." Page 18 of 25 City Council August 10, 2021 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the City of Niagara Falls renew their commitment and celebrate sustainability by proclaiming October 18 - 24, 2021 as "Waste Reduction Week in Canada." Carried Unanimously 9.9. Proclamation Request - Child Care Worker and Early Childhood Educator Appreciation Day The Ontario Coalition for Better Child Care (OCBDD) is requesting that the Niagara Falls Council proclaim "Child Care Worker & Early Childhood Educator Appreciation Day" on Thursday, October 21, 2021. RECOMMENDATION: That the City of Niagara Falls proclaim "Child Care Worker & Early Childhood Educator Appreciation Day" on Thursday, October 21, 2021. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the City of Niagara Falls proclaim "Child Care Worker & Early Childhood Educator Appreciation Day" on Thursday, October 21, 2021. Carried Unanimously 9.10. Proclamation and Flag -Raising Request - National Polycystic Kidney Disease (PKD) Awareness Day The PKD Foundation of Canada is requesting that the City of Niagara Falls proclaim Saturday, September 4, 2021 as "National Polycystic Kidney Disease (PKD) Awareness Day" and to raise the "End PDK" flag in support. RECOMMENDATION: That the City of Niagara Falls proclaim Saturday, September 4, 2021 as "National Polycystic Kidney Disease (PKD) Awareness Day" and to raise the "End PDK" flag in support. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the City of Niagara Falls proclaim Saturday, September 4, 2021 as "National Polycystic Kidney Disease (PKD) Awareness Day" and to raise the "End PDK" flag in support. Page 19 of 25 City Council August 10, 2021 Carried Unanimously 9.11. Flag -Raising - 16 Days of Activism Gender Based Violence Attached is a motion from Niagara Region to actively participate in the 16 Days of Activism against Gender -Based Violence by flying a campaign flag from November 25th to December 10, 2021. RECOMMENDATION: That Council support the initiative and direct staff to inquire about holding a similar flag raising from November 25th to Dec 10th 2021 in order to raise awareness of the 16 Days of Activism against Gender -Based Violence. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council support the initiative and direct staff to inquire about holding a similar flag raising from November 25th to Dec 10th, 2021 in order to raise awareness of the 16 Days of Activism against Gender -Based Violence. Carried Unanimously 9.12. Flag -Raising Request - Franco -Ontario Day Community Liaison Officer, Arwinder Kaur, from Conseil Scolaire Viamonde, is requesting a flag -raising ceremony on Friday, September 24, 2021 to honour Franco-Ontarian Day at City Hall. RECOMMENDATION: That Council approve the request to arrange a flag -raising ceremony on Friday, September 24, 2021 to honour and recognize "Franco-Ontarian" Day. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that Council approve the request to arrange a flag -raising ceremony on Friday, September 24, 2021 to honour and recognize "Franco-Ontarian" Day. Carried Unanimously 9.13. Flag -Raising Request - Ukrainian Canadian Congress - 80th Anniversary The President of the Ukrainian Canadian Congress, Niagara Branch, Irene Newton, is requesting a flag -raising ceremony on Monday, August 23rd or Tuesday, August 24, 2021 to commemorate the 80th Page 20 of 25 City Council August 10, 2021 Anniversary of the Ukrainian Canadian Congress and the 30th Anniversary of Urkraine's Independence from the Soviet Union. Arrangements to have the Falls lit up in the flag colours of blue and yellow have been arranged for August 24 at 10:00 PM for 15 minutes. RECOMMENDATION: That Council approve a flag -raising ceremony on Monday, August 23rd or Tuesday, August 24, 2021 to commemorate the 80th Anniversary of the Ukrainian Canadian Congress and the 30th Anniversary of Urkraine's Independence from the Soviet Union. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that Council approve a flag -raising ceremony on Monday, August 23rd or Tuesday, August 24, 2021 to commemorate the 80th Anniversary of the Ukrainian Canadian Congress and the 30th Anniversary of Ukraine's Independence from the Soviet Union. Carried Unanimously 9.14. Request for Fee Waiver - Use of Chippawa/Willoughby Memorial Arena The Chippawa Volunteer Firefighter's Association has been working with the SPN Slo Pitch to host end of summer tournaments. The CVFA is requesting the City of Niagara Falls to waive rental fees to utilize the Chippawa-Willoughby Arena for the dates mentioned in letter attached. The waiver of fees is currently estimated to be $4345.29 for the 3 weekends. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council approve the request from the Chippawa Volunteer Firefighter's Association to waive rental fees to utilize the Chippawa-Willoughby Arena for the dates of August 27-29; September 10-12 and September 17-19, 2021 for the SPN Slo Pitch Tournament in the amount of $4345.29 for the 3 weekends. Carried Unanimously 9.15. Noise By-law Exemption - Taps Brewing Co. Inc. Taps Brewing Co. Inc is requesting relief of the City's Noise By-law for Live Music outdoor events for Saturday evenings from August 21st to September 25th as per the attached correspondence. Page 21 of 25 City Council August 10, 2021 RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that Council approve the request to relieve the City's Noise By-law for live music outdoor events for Saturday evenings from August 21st to September 25th, 2021 at Taps Brewing Co. Inc. Carried Unanimously 9.16. Correspondence from Niagara Resource Service of Youth (RAFT) - Homelessness Prevention in Niagara Falls and Niagara The attached report examines the first two years for the Shelter Diversion program in Niagara. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 10. RESOLUTIONS 10.1. Resolution - St. Thomas More Drive - PBD -2021-40 - 26T-11-2019- 003 That subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the change in the conditions of approval of the St. Thomas More Plan of Subdivision minor and exempts the requirement for circulating a written notice. 11. RATIFICATION OF IN -CAMERA a) Ratification of In -Camera ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the City accept an offer to purchase lands within the Montrose Business Park for a purchase price of $255,000.00; that the City accept the donation of lands, namely, Block 74, Plan 59M-207, for a nominal consideration; that Council provide Page 22 of 25 City Council August 10, 2021 direction to staff regarding a settlement proposal for an LPAT Appeal, involving the property of 4210 Lyons Creek Road and that Council provide staff with direction on options for affordable housing at 4500 Park Street. Carried (Councillor Lori Lococo abstained from the vote and Councillor Carolynn loannoni abstained from the last item only (4th item). 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2021- A by-law to authorize the payment of $29,323,916.34 for General 75 - Purposes. 2021- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 76 - employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2021- A by-law to amend By-law No. 89-2000, being a by-law to regulate 77 - parking and traffic on City Roads, and to amend By-law No. 96-50, being a by-law to regulate parking in various municipal parking facilities. (Holiday) 2021- A by-law to amend By-law No. 89-2000, being a by-law to regulate 78 - parking and traffic on City Roads. (Stop Signs at Intersections) 2021- A by-law to amend By-law No. 1538-1958 (Crowland) to restrict the use 79 - of the Lands to agricultural purposes only (AM -2021-004). 2021- A by-law to amend By-law No. 1538-1958 (Crowland) to permit a 80 - reduction in minimum lot area of the Lands (AM -2021-004). 2021- A by-law to designate Lot 22, Registered Plan 239, not to be subject to 81 - part -lot control (PLC -2021-002). Page 23 of 25 City Council August 10, 2021 2021- A by-law to establish Parts 3 and 4 on 59R-16976 (one foot reserves) as a 82 _ public highway to be known as, and, form part of Brookside Drive. 2021- A by-law to establish Parts 1 and 2 on 59R-16976 (one foot reserves) 83 - as a public highway to be known as, and, form part of Citation Road. 2021- A by-law to establish Part 5 on 59R-16976 (one foot reserve) and Block 84 - 41, Plan 59M-241, as a public highway to be known as, and, form part of Secretariat Court. 2021- A by-law to adopt, ratify and confirm the actions of City Council at its 85 - meeting held on the 10th day of August, 2021. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the by-laws be read a first, second and third time and passed. Carried Unanimously 13. NEW BUSINESS a) Safety Protocols and Signage - Niagara Gorge ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that a letter be forwarded to Niagara Parks Commission a request to come up with additional safety measures that may include additional signage, personal floatation devices, other equipment installed etc. in the area of the Niagara Gorge. Carried Unanimously b) Former Casino Parking Lot — 5445 Kitchener Street, Niagara Falls, ON ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the Ministry of Transportation be asked to maintain the upkeep of the property at the old casino parking lot at 5445 Kitchener Street in Niagara Falls and to ask what their long-term plans Page 24 of 25 City Council August 10, 2021 are for this property; furthermore to include Council Members and Regional Council Members in the correspondence. Carried Unanimously c) MADD Canada - Mountain and Taylor Road - Request for flashing stop Tight. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Campbell that staff be directed to ask the Region to install a 3 way flashing stop light at the intersection of Mountain and Taylor Roads to accompany the new meaningful MADD Canada sign. 14. ADJOURNMENT Carried Unanimously ayor City Clerk Page 25 of 25